HomeMy WebLinkAbout1232 04-08-1997ORDINANCE NO. 1232
AN ORDINANCE AMENDING CHAPTER 84 "UNIFIED
DEVELOPMENT CODE" OF THE CODE OF
ORDINANCES OF THE CITY OF EULESS, TEXAS, AS
AMENDED; BY AMENDING SECTION 84 -84
"PERMITTED USES TABLE ", TABLE 4 -A "PERMITTED
PRIMARY USES'; AND SECTION 84 -85, "SPECIAL
CONDITIONS BY USE TYPE ", BY ESTABLISHING A
MINIMUM SIZE FOR MOTOR VEHICLE, BOAT,
RECREATIONAL & UTILITY TRAILER DEALERS;
AMENDING SECTION 84 -154 "ADDITIONAL
CONDITIONS" TO ALLOW ADDITIONAL FLEXIBILITY
IN SETTING CONDITIONS FOR SPECIFIC USE
PERMITS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY FOR VIOLATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, currently Euless has no minimum size requirements for motor vehicle, boat,
recreational & utility trailer dealers specified in the Euless Unified Development Code;
WHEREAS, in order to protect the health, safety and welfare of the city, minimum lot /
use size is deemed necessary; and,
WHEREAS, additional flexibility on setting conditions upon Specific Use Permits is
necessary to promote the health, safety and general welfare of the citizens of Euless,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TARRANT COUNTY, TEXAS:
SECTION I
THAT Section 84 -84 "Permitted Uses Table ", Table 4 -A, "Permitted Primary Uses ", be
amended by adding to Motor Vehicle Dealers [SIC 5511], Boat Dealers [SIC 5551], and
Recreational & Utility Trailer Sales [SIC 5561], a new "Special Condition Section
84 -85" designation of (ah).
SECTION II
THAT Section 84 -85, "Special Conditions by Use Type ", be amended by adding to the
end of that section a new subsection to read as follows:
(ah) Auto or vehicle sales lots. The minimum area devoted to the sale of new or used
auto, truck, trailer, recreational vehicles, boat or other motor vehicles shall be maintained
at not less than 5 acres.
SECTION III
THAT Section 84 -154, "Additional Conditions ", be amended in its entirety to read as
follows:
In authorizing a specific use permit, the planning and zoning commission may
recommend, and the city council may impose, additional reasonable conditions
necessary to protect the public interest and the welfare of the community, including
by way of example and without limitation thereto conditions that the Specific Use
Permit extend only to the applicant or for a specified term.
SECTION IV
SEVERABILITY CLAUSE. That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall
be declared invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incorporation in this
ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION V
SAVINGS CLAUSE. That Chapter 84 of the Code of Ordinances, City of Euless,
Texas, as amended, shall remain in full force and effect, save and except as amended by
this ordinance.
SECTION VI
PENALTY CLAUSE. Any person, firm or corporation violating any of the provisions
of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof,
shall be liable to a fine in an amount not to exceed Two Thousand Dollars ($2,000.00) for
each offense, and each and every day such offense is continued shall constitute a new and
separate offense.
page 2 of 3, Ordinance No. 1232
SECTION VII
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its
passage and publication as provided by the Euless City Charter and the laws of the State
of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 8th day of April, 1997; by a vote of
7 ayes, o nays and o abstentions.
ATTEST:
Susan Crim, CMC, City Secretary
A�PPROVE{D/j, AS TO FORM:
��ob McFarland, City Attorney
APPROVED:
Lyt
Mary Lib 'aleh, Mayor
page 3 of 3, Ordinance No. 1232